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Johnston v. Hughes

188 N.Y. 578 Court N.Y. Decision date 1907-04-09 English

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p. 578
Edward W. S. Johnston, as Executor of Joseph Hughes, Deceased, Respondent, v. Henry Hughes et al., Respondents, and The Sisters of the Poor of St. Francis, Appellant, Impleaded with Another.
(Argued April 1, 1907;
decided April 9, 1907.)

Headnote

Motion to amend remittitur.
(See 187 N. Y. 446 .)
Lewis Johnston for motion.
Alfred J. Amend opposed.

Motion granted, and it is ordered that the remittitur he returned and amended so as to provide as follows: “ The judgments of the Appellate Division and the Special Term of the Supreme Court appealed from be and the same are hereby reversed in sb far as they adjudge the bequest to the Trustees of the St. Francis Hospital invalid, and judgment ordered for appellant declaring the bequest valid, with costs payable out of the fund to parties appearing in this court by separate attorneys and filing briefs.”

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